USA v. David Hopkins
| UNITED STATES OF AMERICA |
| DAVID GEORGE HOPKINS |
| 23-35349 |
| May 19, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Vacate Sentence |
Docket Report
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| Filing 7 Filed order (Appellate Commissioner): Ryan Costellos motion (Docket Entry No. [ # 6 ]) to be relieved as appellants appointed counsel and to appoint new counsel, is granted. See 18 U.S.C. 3006A(a)(2)(B); 9th Cir. R. 4-1(c); Weygandt v. Look, 718 F.2d 952, 954 (9th Cir. 1983). The Clerk will electronically serve this order on the appointing authority for the District of Oregon, who will locate appointed counsel after considering whether Bear Wilner-Nugent is suitable counsel. The appointing authority is requested to send notification of the name, address, and telephone number of appointed counsel to the Clerk of this court at counselappointments@ca9.uscourts.gov within 14 days of locating counsel. Counsel Costello must, within 7 days of this order, notify appellant that he has been relieved as appointed counsel. If appellant elects to file an optional request for a certificate of appealability in this court, his filing is due 60 days after entry of the order appointing new counsel. [12754469] (OC) [Entered: 07/13/2023 10:28 AM] |
| Filing 6 Filed (ECF) Appellant David George Hopkins motion. Attorney(s) Attorney Ryan M. Costello for Appellant David George Hopkins motion to withdraw as counsel. Date of service: 07/06/2023. [12749862] [23-35349] (Costello, Ryan) [Entered: 07/06/2023 01:25 PM] |
| Filing 5 Filed clerk order (Deputy Clerk: MCD): On June 28, 2023, the district court denied the motion for reconsideration. The stay of proceedings in this court (Docket Entry No. [ # 3 ]) is therefore lifted and this appeal will move forward. This court will rule on the request for a certificate of appealability and any pending motions in a later order. To challenge the district courts ruling on the post-judgment motion, appellant must file an amended notice of appeal within the time prescribed by Federal Rule of Appellate Procedure 4. See Fed. R. App. P. 4(a)(4). [12748703] (WL) [Entered: 07/05/2023 11:50 AM] |
| Filing 4 Received copy of District Court ORDER. Because Mr. Hopkins has not presented any new evidence to change the Courts mind, his Motion for Reconsideration (ECF No. 194) is DENIED. IT IS SO ORDERED. Case 6:18-cr-00299-MC Document 219 Filed 06/28/23 Page 3 of 4 [12745872] (RL) [Entered: 06/29/2023 01:43 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: MCD): When the notice of appeal was filed, a timely motion listed in Federal Rule of Appellate Procedure 4(a)(4) was pending in the district court. Appellate proceedings are therefore held in abeyance until the district court decides the pending motion. See Fed. R. App. P. 4(a)(4); Leader Nat'l Ins. Co. v. Indus. Indem. Ins. Co., 19 F.3d 444, 445 (9th Cir. 1994) (notice of appeal becomes effective when timely tolling motions resolved). To challenge the district courts ruling on the motion, appellant must file an amended notice of appeal within the time set by Federal Rule of Appellate Procedure 4. The Clerk will serve this order on the district court. [12740190] --[Edited: Attached PDF of the order. 07/03/2023 by TYL] (OC) [Entered: 06/21/2023 12:58 PM] |
| Filing 2 Filed (ECF) Appellant David George Hopkins Correspondence: To advise the Court that a Motion for Reconsideration of the Opinion and Order at issue in this appeal has been filed.. Date of service: 05/19/2023 [12719643] [23-35349] (Costello, Ryan) [Entered: 05/19/2023 04:17 PM] |
| Filing 1 Open 9th Circuit docket: needs certificate of appealability. Date COA denied in DC: 02/16/2023. Record on appeal included: Yes. [12719599] (JMR) [Entered: 05/19/2023 03:52 PM] |
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| Plaintiff / appellee: UNITED STATES OF AMERICA | |
| Represented By: | Jeffrey S. Sweet |
| Represented By: | Suzanne Miles |
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| Defendant / appellant: DAVID GEORGE HOPKINS | |
| Represented By: | Ryan M. Costello |
| Represented By: | David George Hopkins |
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